II 

114TH CONGRESS 

1ST SESSION S. 1036 

To require the Secretary of the Interior and the Secretary of Agriculture 

to provide certain Western States assistance in the development of statewide conservation and management plans for the protection and recovery 

of sage-grouse species, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2015 

Mr. GARDNER (for himself, Mr. HATCH, Mr. HELLER, Mr. CRAPO, Mr. 

RISCH, Mr. ENZI, Mr. LEE, Mr. DAINES, and Mr. BARRASSO) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To require the Secretary of the Interior and the Secretary 

of Agriculture to provide certain Western States assistance in the development of statewide conservation and 

management plans for the protection and recovery of 

sage-grouse species, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sage-Grouse Protec5 tion and Conservation Act’’. 


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1 SEC. 2. GREATER SAGE-GROUSE PROTECTION AND CON2 SERVATION MEASURES. 

3 (a) PURPOSES.—The purposes of this section are— 

4 (1) to allow States— 

5 (A) to determine the appropriate manage6 ment of sage-grouse species according to State7 created conservation and management plans 

8 that address the key threats to sage-grouse spe9 cies and the habitat of sage-grouse species with10 in the States; and 

11 (B) to demonstrate that those Statewide 

12 plans can protect and recover sage-grouse spe13 cies within the States; and 

14 (2) to require the Secretary to implement rec15 ommendations contained in Statewide plans for the 

16 management of sage-grouse species and the habitat 

17 of sage-grouse species on Federal land. 

18 (b) DEFINITIONS.—In this section: 

19 (1) COVERED WESTERN STATE.—The term 

20 ‘‘covered Western State’’ means each of the States 

21 of California, Colorado, Idaho, Montana, Nevada, 

22 North Dakota, Oregon, South Dakota, Utah, Wash23 ington, and Wyoming. 

24 (2) NATIONAL FOREST SYSTEM LAND.—The 

25 term ‘‘National Forest System land’’ means the 

26 Federal land within the National Forest System, as 


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1 described in section 11(a) of the Forest and Range2 land Renewable Resources Planning Act of 1974 (16 

3 U.S.C. 1609(a)). 

4 (3) PUBLIC LAND.—The term ‘‘public land’’ 

5 has the meaning given the term ‘‘public lands’’ in 

6 section 103 of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1702). 

8 (4) SAGE-GROUSE SPECIES.—The term ‘‘sage9 grouse species’’ means— 

10 (A) the greater sage-grouse (Centrocercus 

11 urophasianus) (including all distinct population 

12 segments); and 

13 (B) the Gunnison sage-grouse 

14 (Centrocercus minimus). 

15 (5) SECRETARY.—The term ‘‘Secretary’’ 

16 means— 

17 (A) the Secretary of Agriculture, with re18 spect to National Forest System land; and 

19 (B) the Secretary of the Interior, with re20 spect to public land. 

21 (6) STATEWIDE PLAN.—The term ‘‘Statewide 

22 plan’’ means a conservation and management plan 

23 or plans developed and submitted to the Secretary 

24 by a covered Western State for the protection and 

25 recovery of any sage-grouse species and the habitat 


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1 of the sage-grouse species within the covered West2 ern State in response to invitations from the Sec3 retary of the Interior in December 2011 to submit 

4 to the Secretary those plans. 

5 (c) PARTICIPATION IN STATE PLANNING PROCESS.— 

6 (1) LIST OF DESIGNEES.— 

7 (A) IN GENERAL.—Not later than 30 days 

8 after that date of receipt from a covered West9 ern State of a notice described in subparagraph 

10 (B), the Secretary shall provide to the Governor 

11 of the covered Western State a list of designees 

12 of the Department of the Interior or the De13 partment of Agriculture, as applicable, who will 

14 represent the Secretary in assisting in the de15 velopment and implementation of the Statewide 

16 plan. 

17 (B) DESCRIPTION OF NOTICE.— 

18 (i) IN GENERAL.—A notice referred to 

19 in subparagraph (A) is a notice that a cov20 ered Western State— 

21 (I) is initiating, or has previously 

22 initiated, development of a Statewide 

23 plan in accordance with clause (ii); or 


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1 (II) has previously submitted to 

2 the Secretary a Statewide plan in ac3 cordance with clause (ii). 

4 (ii) CONTENTS.—A notice under this 

5 subparagraph shall include— 

6 (I) an invitation to the Secretary 

7 to participate in the development or 

8 implementation of the Statewide plan 

9 of the applicable covered Western 

10 State; and 

11 (II) a statement that the covered 

12 Western State— 

13 (aa) has prepared or will 

14 prepare, by not later than 1 year 

15 after the date of submission of 

16 the notice, a Statewide plan that 

17 will protect and manage sage18 grouse species and the habitat of 

19 sage-grouse species to the point 

20 that designation of sage-grouse 

21 species as a threatened or endan22 gered species under the Endan23 gered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.) is no longer 


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1 necessary in the covered Western 

2 State; and 

3 (bb) will— 

4 (AA) collect monitoring 

5 data such as sage-grouse 

6 species population trends, 

7 fuel reduction, predator con8 trol, invasive species control, 

9 the condition of sage-grouse 

10 species habitat, or other pa11 rameters that address the 

12 primary threats to sage13 grouse species in the covered 

14 Western State to address 

15 how the threats identified in 

16 the Statewide plan are being 

17 reduced and how the objec18 tives identified in the State19 wide plan are being met; 

20 and 

21 (BB) provide to the 

22 Secretary relevant data re23 garding the health of sage24 grouse species populations, 

25 the condition of sage-grouse 


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1 species habitat, and activi2 ties relating to the imple3 mentation of the Statewide 

4 plan on an annual basis 

5 under this section. 

6 (iii) TIMING.—To be eligible to par7 ticipate in a planning process under this 

8 section, not later than 120 days after the 

9 date of enactment of this Act, a covered 

10 Western State shall submit to the Sec11 retary a notice described in subparagraph 

12 (B). 

13 (2) ACCESS TO INFORMATION.—Not later than 

14 60 days after the date of receipt from a covered 

15 Western State of a notice described in paragraph 

16 (1)(B), the Secretary shall provide to the covered 

17 Western State all relevant scientific data, research, 

18 and information regarding sage-grouse species and 

19 habitat within the covered Western State for use by 

20 appropriate State personnel to assist the covered 

21 Western State in the development and implementa22 tion of the Statewide plan. 

23 (d) RECOGNITION OF STATEWIDE PLAN.—Notwith24 standing any other provision of law or equity, if the Sec25 retary receives from a covered Western State a Statewide 


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1 plan by the date that is 1 year after the date of receipt 

2 of a notice under subsection (c)(1) from the covered West3 ern State, the Secretary shall— 

4 (1) when taking any action that could impact 

5 the sage-grouse species or the habitat of the species, 

6 manage all public land and National Forest System 

7 land within the covered Western State in accordance 

8 with the Statewide plan for a period of not less than 

9 6 years, beginning on the date of submission to the 

10 Secretary of the Statewide plan in accordance with 

11 this section; 

12 (2) annually— 

13 (A) review the Statewide plan using the 

14 best available science and data, using the objec15 tives and goals contained in the Statewide plan 

16 as a measure of success; and 

17 (B) provide to the Governor of the covered 

18 Western State recommendations regarding im19 provement of the Statewide plan; 

20 (3) use the Statewide plan as the basis for all 

21 relevant determinations under the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

23 (4) permit and assist the covered Western State 

24 to implement adaptive management, if required by 

25 the Statewide plan, to respond to sage-grouse speVerDate Sep 11 2014 21:50 May 04, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1036.IS S1036

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1 cies conditions as indicated by monitoring data, me2 teorological conditions, or fire or other events neces3 sitating adaptation of the Statewide plan; 

4 (5) require the covered Western State to submit 

5 to the Secretary annual reports regarding the imple6 mentation of the Statewide plan, including relevant 

7 data regarding— 

8 (A) actions carried out pursuant to the 

9 Statewide plan; and 

10 (B) population trends, fuel reductions, 

11 predator control, invasive species control, the 

12 condition of sage-grouse habitat, and other pa13 rameters that address the primary threats to 

14 sage-grouse species in the covered Western 

15 State; 

16 (6) require the covered Western State— 

17 (A) to monitor appropriate sage-grouse 

18 species and habitat data for a period of not less 

19 than 5 years, beginning on the date of submis20 sion of the Statewide plan; and 

21 (B) to submit to the Secretary, not later 

22 than 6 years after the date of submission of the 

23 Statewide plan and in accordance with applica24 ble scientific protocols, a report that includes— 


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1 (i) a description of the status of im2 plementation of the Statewide plan and 

3 progress made in achieving the objectives 

4 and goals of the Statewide plan, including 

5 relevant data regarding sage-grouse species 

6 population trends, fuel reductions, predator 

7 control, invasive species control, the condi8 tion of sage-grouse species habitat, and 

9 other parameters that address the primary 

10 threats to sage-grouse in the covered West11 ern State; 

12 (ii) an estimate of additional time 

13 needed, if any, for implementation of the 

14 Statewide plan; and 

15 (iii) necessary modifications to the 

16 Statewide plan to enhance the achievement 

17 of the objectives and goals of the Statewide 

18 plan; and 

19 (7) assist the covered Western State in moni20 toring and collecting relevant data on Federal land 

21 to assess sage-grouse species population trends, fuel 

22 reductions, predator control, invasive species control, 

23 the condition of sage-grouse species habitat, and 

24 other parameters that address the primary threats 

25 to sage-grouse in the covered Western State. 


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1 (e) SECRETARIAL ACTIONS.—Notwithstanding any 

2 other provision of law, not later than 30 days after the 

3 date of receipt of a Statewide plan under this section, and 

4 annually thereafter during the period in which the Sec5 retary determines that the applicable covered Western 

6 State is implementing the Statewide plan, the Secretary 

7 shall— 

8 (1) take necessary steps to maintain or restore 

9 the candidate species status for any sage-grouse spe10 cies in the covered Western State under the Endan11 gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

12 for a period of not less than 6 years— 

13 (A) to allow for appropriate monitoring 

14 and collection of data; and 

15 (B) to assess the achievement of the objec16 tives of the Statewide plan; 

17 (2) stay any land use planning activities relat18 ing to Federal management of sage-grouse species 

19 on public land or National Forest System land with20 in the covered Western State; 

21 (3) take immediate action to amend all Federal 

22 land use plans under the Federal Land Policy and 

23 Management Act of 1976 (43 U.S.C. 1701 et seq.) 

24 and the Forest and Rangeland Renewable Resources 

25 Planning Act of 1974 (16 U.S.C. 1600 et seq.) to 


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1 comply with the Statewide plan with respect to that 

2 covered Western State; 

3 (4) manage all public land and National Forest 

4 System land with habitat for any sage-grouse species 

5 in the covered Western State in a manner consistent 

6 with sections 102(a)(12) and 103(c) of the Federal 

7 Land Policy and Management Act of 1976 (43 

8 U.S.C. 1701(a)(12), 1702(c)) and section 4 of the 

9 Forest and Rangeland Renewable Resources Plan10 ning Act of 1974 (16 U.S.C. 1602); 

11 (5) immediately reverse any withdrawals or 

12 land use restrictions carried out for purposes of pro13 tecting or conserving sage-grouse on public land or 

14 National Forest System land that are not consistent 

15 with a Statewide plan; and 

16 (6) use State annual reports regarding the im17 plementation of the Statewide plans submitted to the 

18 Secretary under subsection (d)(5) to prepare the an19 nual Candidate Notice of Review of the Secretary 

20 pursuant to section 4 of the Endangered Species Act 

21 of 1973 (16 U.S.C. 1533). 

22 (f) EXISTING STATE PLANS.—The Secretary shall— 

23 (1) give effect to a Statewide conservation and 

24 management plan for the protection and recovery of 

25 sage-grouse species within a covered Western State 


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1 that is submitted by the covered Western State and 

2 approved or endorsed by the United States Fish and 

3 Wildlife Service before the date of enactment of this 

4 Act; and 

5 (2) for purposes of subsections (d) and (e), 

6 treat such a plan as a Statewide plan in accordance 

7 with that subsection. 

8 (g) ACTIONS PURSUANT TO NEPA.—An action pro9 posed to be carried out pursuant to the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in 

11 a covered Western State may not be denied or restricted 

12 solely on the basis of the presence or protection of sage13 grouse species in the covered Western State, if the action 

14 is consistent with the Statewide plan of the covered West15 ern State. 

16 (h) AUTHORITY TO EXTEND PLAN IMPLEMENTA17 TION.—On review of the report of a covered Western State 

18 under subsection (d)(6)(B), the Secretary may extend the 

19 provisions of this Act for a period not to exceed an addi20 tional 6 years with the consent of the covered Western 

21 State. 

22 SEC. 3. RANGELAND FIRE PREVENTION, MANAGEMENT, 

23 AND RESTORATION. 

24 The Secretary of the Interior shall for a period of 

25 not less than 6 years, beginning on the date of enactment 


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1 of this Act, fully implement the order of the Secretary 

2 numbered 3336 and dated January 5, 2015, to prevent 

3 and suppress rangeland fire and restore sagebrush land4 scapes impacted by fire across the Western United States, 

5 including controlling the spread of invasive species in land6 scapes impacted by fire. 

Æ 


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